Desmond-Bryzak v Lander [2024] QSC 72 (Link to Jade)
The claimant was granted a limitation extension under Queensland law (Limitation of Actions Act 1974 (Qld)), in the context of a claim arising from pelvic mesh implant surgery.
In Queensland, a negligence action, in which damages for personal injury are claimed, cannot be brought after the expiration of three years from the date on which the cause of action arose. It is accepted by both parties that the limitation period for the plaintiff’s claims expired in December 2016 or January 2017.
By then, the plaintiff knew the implanted mesh had caused her harm. She had suffered persistent chronic pain since the operation. She had sought professional treatment in the hope that it could be resolved. She had been advised to be patient. She had had a series of recommended medical procedures. Some gave her temporary relief. All required periods of recovery. She had been diagnosed with post-traumatic stress disorder and was being treated by a psychiatrist with medications for major depressive disorder and mood disorder. She had joined a class action against the manufacturer of the mesh. She had urged a Senate inquiry to recommend a ban on its use.
However none of her treating specialists had suggested that the defendant had been negligent. Nor had her class action lawyers. The scale of her loss and damage would not become apparent until more than a year after the limitation period expired.
The period of limitation for the plaintiff’s action was extended.
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